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3. You confirm that you are physically capable to use the Device and that you have no medical
conditions or needs that may infringe upon your abilities to do so in a safe manner. You confirm
that you are at least eighteen (18) years of age and that you have been advised of the risks
associated with the use of the Device. You further confirm that you will not consume any
alcohol that may affect your alertness or any mind-altering substance, and will not carry, use or
consume these substances before or during the use of the Device.
4. You fully acknowledge our warnings and understand that:
(a) risks and dangers exist in using the Device while in traffic, including but not limited to injury
or illness, strains, fractures, partial and/or total paralysis, death or other ailments that could
cause serious disability;
(b) these risks and dangers may be caused by the negligence of the manufacturers or its agents
or any third party involved in designing or manufacturing the Device;
(c) these risks and dangers may arise from foreseeable or unforeseeable causes. You hereby
assume all risks and dangers and all responsibility for any losses and/ or damages, whether
caused in whole or in part by the negligence or other conduct of others, including the Company.
5. You confirm that you have read this release of liability and fully understand its terms and that
you have given up substantial rights by not returning the Device for a full refund (see refund
option below).
Disclaimer of Warranty
THE COMPANY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE ENCLOSED
DEVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE DEVICE AND ITS ACCESSORIES ARE
PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND BEYOND THOSE ASSUMED
IN THE ENCLOSED MANUAL.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM THE
USE OF THE DEVICE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THIS AGREEMENT AND THE DEVICE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH
LIMITATIONS. SOME STATE STATUTES MIGHT APPLY REGARDING LIMITATION OF LIABILITY.
RETURN FOR FULL REFUND
IF YOU ARE UNWILLING TO ACCEPT AND AGREE TO THE ABOVE CONDITIONS, YOU MAY RETURN THIS
DEVICE TO THE RESELLER OR TO THE COMPANY FOR A FULL REFUND, PROVIDED THAT YOU DO SO
NO LATER THAN 7 BUSINESS DAYS FOLLOWING THE PURCHASE OF THE DEVICE (proof of purchase
required) AND SUBJECT TO THE WRAPPING BEING INTACT. WHEN DOING SO, PLEASE REFER TO THIS
SECTION. BY NOT RETURNING THE DEVICE FOR REFUND WITHIN THE PERIOD PROVIDED, YOU ARE
EXPLICITLY IN AGREEMENT WITH THE ABOVE, AND RENOUNCE ALL RIGHTS TO FUTURE CLAIMS AND
DEMANDS AGAINST THE COMPANY AS DEFINED ABOVE.
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